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Essential Guide to Property Registration

The document outlines the process and requirements for the registration of various legal documents, primarily focusing on sale deeds, gift deeds, and mortgages under the Registration Act, 1908. It details the necessary documentation for registration, including identification proofs and permissions, as well as the compulsory registrable documents. Additionally, it provides templates for a general sale deed and a gift deed, highlighting the legal implications and assurances involved in property transactions.

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Alec John
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0% found this document useful (0 votes)
26 views30 pages

Essential Guide to Property Registration

The document outlines the process and requirements for the registration of various legal documents, primarily focusing on sale deeds, gift deeds, and mortgages under the Registration Act, 1908. It details the necessary documentation for registration, including identification proofs and permissions, as well as the compulsory registrable documents. Additionally, it provides templates for a general sale deed and a gift deed, highlighting the legal implications and assurances involved in property transactions.

Uploaded by

Alec John
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

1

Introduction:
Registration refers to the recording of the contents of a document with a Registering
Officer appointed by the Government. The main purpose of registration is to ensure information
about all deals are recorded and maintained apart from giving the document its authenticity. It
gives information to the people regarding legal rights and obligations arising or affecting a
particular property. The registered documents may afterwards be of legal importance, and also
aid in preventing fraud. The process of registering a document is done under the provisions of
the Registration Act, 1908. The main objects of the law of registration are –
(a) to provide a conclusive proof of genuineness of documents;
(b) to afford publicity of transaction in respect of properties;
(c) to prevent fraud;
(d) to afford facility for ascertaining whether a property has already been dealt with; and
(e) to afford security of the title deeds and facility of proving titles in case the original
deeds are lost or destroyed.

Documents generally required for registration


(a) Duly stamped, signed and executed document.
(b) Two passport size photos of both parties.
(c) Two witnesses with valid identification proof & photographs.
(d) Original Stamp Duty receipt.
(e) Copy of Power Of Attorney in required cases.
(f) Proof of identification of each party and witnesses i.e. Election Identity Card,
Passport, identity Card issued by Govt. of India, Semi govt. and Autonomous bodies
or identification by a Gazetted officer.
(g) In case the property is/was under a lease from any government authority, then
permission of lessor for registration of the document.
(h) NOC from local authorities if the document for registration conveys land converted as
house site without the approval layout.
(i) Patta transfer application duly filled and signed.

Compulsory registrable documents:


[Link] Situation / documents
1. Instruments of gift of immovable property
2. Other non-testamentary instruments which purport or operate to create, declare,
assign, limit or extinguish, whether in present or in future, any right, title or interest,
whether vested or contingent, of the value of one hundred rupees, and upwards, to
or in immovable property
3. Non-testamentary instruments which acknowledge the receipt or payment of any
consideration on account of the creation, declaration, assignment, limitation or
extinction of any such right, title or interest
4. Leases of immovable property from year to year, or for any term exceeding one
year, or reserving a yearly rent
5. Non-testamentary instruments transferring or assigning any decree or order of a
court or any award when such decree or order or award purports or operates to
create, declare, assign, limit or extinguish, whether in present or in future, any
right, title or interest, whether vested or contingent, of the value of one hundred
rupees and upwards, to or in immovable property
6. Authority to adopt a son and not conferred by a Will.
2

1. SALE:
The sale deed is the main document by which a seller transfers his right on the property to the
purchaser, who then acquires absolute ownership of the property. It is also referred to as the
conveyance deed. On completion of all formalities, a sale deed is prepared. This is the main
document for transfer of ownership of property. The deed is executed by all the parties concerned.
All pages of the deed are to be signed. The deed should be witnessed by at least two witnesses giving
their full names, signatures and addresses. The sale deed of immovable property needs compulsory
registration at the jurisdictional sub-registrar office.

GENERAL SALE DEED

This deed of sale is made and executed on this ………….. day of …………… 20...
By
Sri/Smt……………. S/o/W/o………………,Occupation……………..Aged………………..years,
residing at …………………… (Principal), represented by his agent
Sri……………………………………… S/o……………………… ,…………………. Occupation
……………………… aged…………. Years, residing at ………………………
,…………………….by means of a General/Special Power of Attorney dated
,………………………registered/authenticated as Document No.……………………….. of Book
IV of Sub Registrar’s Office…………………………………. hereinafter called the
“VENDOR”
(which expression shall wherever it occurs in this deed includes the said person, his/her heirs,
legal representatives, agents, executors, administrators, assignees or any person claiming
through or under him) of one part.
In favour of
Sri/Smt…………………………S/o.D/o…………………………Occupation…..,……………………
………….aged………… years, residing at ……………………………. hereinafter called the
“VENDEE”
(which expression shall wherever it occurs in this deed includes the said person, his/her heirs,
legal representatives, agents, executors, administrators, assignees or any person claiming
through or under him) of other part.

Whereas the Vendor is the absolute owner, having acquired the property, which is more
specifically and clearly delineated in the schedule hereto, by inheritance / by partition of joint
family properties/ by release/by gift / by gift settlement / by will / by sale executed
by…………………………………and registered as document No…………of………………. Of
Book…………………Volume No…………………..Pages……………….in the office of the
Registrar / Sub-Registrar…………………………………… and since then he is in the possession
and absolute enjoyment thereof.
And
Whereas the vendor intends to sell away the said property wherein he or she has got good and
marketable title, rights, interest and possession and no other person has got any right, title or
interest over the schedule property.
And
Whereas the Vendee offered to purchase it for a sum of Rs…………………..for which the
Vendor accepted and has agreed to sell the same to the Vendee.
3

NOW THIS DEED OF SALE WITNESSETH AS FOLLOWS:

1. That in consideration of payment of Rs…………………(Rupees……………………….) only


by cash/by Cheque No. Date:…………………/by Demand Draft
No………………Date……………….by the Vendee to the Vendor/paid in the presence of the
…………………….., the receipt of which the Vendor hereby acknowledges, the Vendor
hereby sells, conveys, transfers and assigns unto the Vendee all his rights, title and interest,
claim and demand whatsoever in the schedule mentioned property and delivers vacant
possession thereof to the Vendee to hold the same absolutely for ever free from all
encumbrances, together with all water sources, privileges, easements, appurtenances or
any other things hidden in the earth belonging to or appurtenant thereto.
2. That the Vendor hereby assures the Vendee that the said property is free from all kinds of
mortgage charges, agreements to sell, court litigations and any other statutory charges.
3. That the Vendor further covenants with the Vendee that knowingly or otherwise he has not
caused or allowed any distress to be levied on the said property.
4. That the Vendor further assures the Vendee that he has got a clear, effectual, subsisting
and marketable title to the said property and absolute authority to sell the same in the
manner aforesaid.
5. That the Vendor further covenants with the Vendee that if there remains any undisclosed
and undercharged liability in respect of the said property, he shall clear the same and the
Vendee is free there from.
6. That the Vendor further agrees to indemnify the Vendee and keep him free from disputes if
any raised or objections made to this conveyance by any one and further should any claim
be made or dispute raised at any time of any one in regard to this sale, the vendor hereby
undertakes that he shall, at his own cost, settle the same and execute or cause to be
executed such further acts, deeds and things as to more fully effectively convey title to the
property hereby sold and conveyed to the Vendee.
7. That the Vendor also assures the Vendee that if there remains any liability of taxes or rates
for the said property to the Municipal Corporation / Municipality / Village Council or other
Government or statutory authorities upto the date of this conveyance, the Vendor shall clear
the same and in case the same are collected from the Vendee, the Vendor shall pay the
same to the vendee.
8. The Vendor further assures and covenants with the Vendee that the Vendee and his heirs
are entitled to peacefully and absolutely enjoy the said property without any hindrance from
any person claiming through him or in trust for him.
9. That the Vendor does hereby put the purchaser in actual physical possession of the
scheduled property on this day. The Vendor further handed over to the purchaser this day
all the relevant title deeds, documents, and receipts pertaining to the scheduled property,
which are in his or her custody.
10. That from today onwards the purchaser/vendee shall be entitled to mutate his or her name
in the land in place of the seller/vendor in Revenue Office by dint of this Sale Deed executed
by the vendor and shall be entitled to any benefits arising out of the said property including
any compensation if the land falls under any acquisition proceedings.
11. That the Vendee is hereby entitled to get the said property transferred in his name in all
Panchayat /Municipal / Municipal Corporation records and enjoy the same with absolute
rights forever.
4

12. The present market value of the property is Rs. …………….. (Rupees………………….) only.
Schedule

All that piece and parcel of the land measuring ………………Square meters,
………………... sq ft. in Survey No…………………. Plot No. …………… RLSC/ ALSC No.
…………………………………… of …………………………… together with the house of
RCC/Assam Type building bearing [Link]. ……………… with a plinth area of ……………sq m,
…………… sq. feet, …………. Storey, situated at …………………. covered by ward No……..
Block No….. of Municipal Corporation Area/Municipal Area/ Village Council area and
……………………………… Sub-District and

Bounded by:
East :
West :
North :
South :

THE MEASUREMENTS:
Sl no Boundary Pillars numbers Surface distance Horizontal distance

This is neither an assigned nor a Government land. The market value of the property is
Rs………………. (Rupees…………………………………………………………………….) only

IN WITNESS WHEREOF, the VENDOR and the VENDEE have signed this SALE DEED at
……….... on the date first mentioned above in the presence of the following witnesses:

VENDOR VENDEE

WITNESSES:

1.

2.
Drafted by:
5

2. GIFT:
According to Sec.122 of The Transfer of Property Act, 1882, “Gift is the transfer of
certain existing moveable or immoveable property made voluntarily and without consideration,
by one person, called the donor, to another, called the donee, and accepted by or on behalf of
the donee.”

DEED OF GIFT OF IMMOVABLE PROPERTY

THIS DEED OF GIFT is made at ........ this ........ day of ……….......


Between
Mr.…………s/o …………... of ....... hereinafter referred to as 'the DONOR' of the One Part
And
Mr. …………. s/o………..of ....... hereinafter referred to as 'the DONEE', of the Other Part.

WHEREAS the DONOR is seized and possessed of the land and premises situated at
......... and more particularly described in the Schedule hereunder written.

AND WHEREAS the DONEE is related to the Donor as ........

AND WHEREAS the Donor desires to grant the said land and premises to the DONEE as gift in
consideration of natural love and affection as hereinafter mentioned.

AND WHEREAS the DONEE has agreed to accept the gift as is evidenced by his executing
these presents.

AND WHEREAS the market value of the said property is estimated to be Rs ……….......

NOW THIS DEED WITNESSETH that the DONOR without any monetary consideration and in
consideration of natural love and affection, which the DONOR bears to the DONEE, doth
hereby grant and transfer by way of gift the said land and premises situated at …………….......
and more particularly described in the Schedule hereunder written together with all the
buildings, and structures thereon and all the things permanently attached thereto or standing
thereon and all the liberties, privileges casements and advantages appurtenant thereto and all
the estate, right, title, interest use, inheritance, possession, benefit, claims and demand
whatsoever of the DONOR To Have And To Hold the same unto and to the use of the DONEE
absolutely but subject to the payment of all taxes, rates, assessments, dues and duties now and
hereafter chargeable thereon to the Government or Municipality or other Local Authority.

AND he the DONOR doth hereby covenants with the DONEE:


(a) That the DONOR now has in himself, good right, full power and absolute authority to grant
the said piece of land and other the premises hereby granted as gift in the manner
aforesaid.
(b) The DONEE may at all times hereafter peaceably and quietly enter upon have occupy,
possess and enjoy the said piece of land and premises and receive the rents, issues and
profits and rents thereof and every part thereof to and for his own use and benefit without
any suit, lawful eviction, interruption, claim or demand whatsoever from or by the DONOR
6

or his heirs, executors, administrators and assigns or any person or persons lawfully
claiming or to claim by, from, under or in trust for the DONOR.
(c) That the said land and premises are free and clear and freely and clearly and absolutely
and forever released and discharged or otherwise by the DONOR and well and sufficiently
saved, kept harmless and indemnified of and from and against all former and other estate,
titles, charges and encumbrances whatsoever, had made, executed, occasioned or
suffered by the DONOR or by any other person or persons lawfully claiming or to claim by
from, under or in trust for the Donor.
(d) AND FURTHER that the DONOR and all persons having or lawfully claiming any estate or
interest whatsoever to the said land and premises or any part thereof from under or in trust
for the DONOR or his heirs, executors. administrators and assigns or any of them shall and
will from time to time and at all times hereafter at the request and cost of the DONEE do
and execute or cause to be done and executed all such further and other acts, deeds,
things, conveyances and assurances in law whatsoever for better and more perfectly
assuring the said land and premises and every part thereof unto and to the use of the
DONEE in the manner aforesaid as by the DONEE, his heirs, executors, administrators and
assigns or counsel in law shall be reasonably required.
(e) That from today onwards the Donee shall be entitled to mutate his or her name in the land
in place of the Donor in Revenue Office by dint of this Gift Deed executed by the Donor and
shall be entitled to any benefits arising out of the said property including any compensation
if the land falls under any acquisition proceedings.

SCHEDULE
All that piece and parcel of the land measuring ………………Square meters,
………………... sq ft. in Survey No…………………. Plot No. …………… RLSC/ ALSC No.
…………………………………… of …………………………… together with the house of
RCC/Assam Type building bearing [Link]. ……………… with a plinth area of ……………sq m,
…………… sq. feet, …………. Storey, situated at …………………. covered by ward No……..
Block No….. of Municipal Corporation Area/Municipal Area/ Village Council area and
……………………………… Sub-District and

Bounded by:
East :
West :
North :
South :

THE MEASUREMENTS:
Sl no Boundary Pillars numbers Surface distance Horizontal distance
7

This is neither an assigned nor a Government land. The market value of the property is
Rs………………. (Rupees…………………………………………………………………….) only

IN WITNESS WHEREOF the Donor as well as the DONEE (by way of acceptance of the
said gift) have put their respective hands the day and year first hereinabove written.

Signed and Delivered by the within named Donor........

Signed by within named DONEE........

Witnesses
1.
2.

3. MORTGAGE:
Mortgage is a transfer of an interest in a specific immovable property for the purpose of
securing the payment of money advanced or to be advanced by way of loan, an existing or
future debt or the performance of an agreement, which may give rise to a pecuniary liability.
The person borrowing and transferring his interest in an immovable property to the lender is the
mortgagor. The lender is the mortgagee. The funds lent against which the property is used as
security is the mortgage money. The instrument by which the transfer is effected is called a
mortgage-deed.

SIMPLE MORTGAGE DEED

This Deed of Mortgage made at ...................... this ................ day of ...................


Between
………., son of ............................... resident of ............................ hereinafter called as a
MORTGAGOR of the ONE PART
And
………., son of ...................... ……………resident of ..................hereinafter called as a
MORTGAGEE of the OTHER PART.

WHEREAS the mortgagor is absolutely seized and possessed of or otherwise well and
sufficiently entitled to the house bearing municipal no................ situated on
........................Road, ....................... more particularly described in the Schedule hereunder
written;

AND WHEREAS the mortgagor has requested the mortgagee to lend him a sum of Rs.
........................ which the mortgagee has agreed on the mortgagor mortgaging his property.
NOW THIS DEED WITNESSETH THAT
8

In pursuance to the said agreement and in consideration of the sum of Rs. .................. at or
before the execution of these presents paid by the mortgagee to the mortgagor (the receipt
whereof, the mortgagor doth hereby admit and acknowledge and of and from the same hereby
release and discharge the mortgagee), the mortgagor hereby covenants with the mortgagee
that he will pay on the ..................... day of................. (hereinafter called "the said date"), the
said sum of Rs. ................. with interest @ ........ % per annum from the date of these presents
till the repayment of the said sum in full, every quarter the first installment of interest to be paid
on the ................... day of .......... 2000 and each subsequent installment on the ................ day
of July, October, January and April of each succeeding year until the said sum is repaid in full.

AND THIS DEED FURTHER WITNESSETH THAT


In consideration aforesaid, the mortgagor doth hereby transfer by way of mortgage his house\
bearing municipal no ................. situated on ................................... and more particularly
described in the Schedule hereunder written as a security for repayment of the said sum with
interest @ ................ per annum with the condition that the mortgagor, his heirs, executors,
administrators or assigns shall on the said day pay to the mortgagee, his heirs, executors,
administrators or assigns the said sum of Rs .............. together with interest thereon at the rate
mentioned above, the said mortgagee, his heirs, executors, administrators, or assigns shall at
any time thereafter upon the request and at the cost of the mortgagor, his heirs, executors,
administrators or assigns reconvey the said house, hereinbefore expressed to be mortgaged
unto or to the use of the mortgagor, his heirs, executors, administrators or assigns or as he or
they shall direct.

AND IT IS HEREBY AGREED AND DECLARED


That if the mortgagor does not pay the said mortgage amount with interest when shall become
due and payable under these presents, the mortgagee shall be entitled to sell the said house
through any competent court and to realise and receive the said mortgage amount and interest,
out of the sale proceeds of the house.

AND IT IS FURTHER AGREED AND DECLARED


By the mortgagor that during the period, the mortgage amount is not paid and the said house
remains as a security for the mortgage amount, the mortgagor shall insure the said house and
take out an insurance policy in the joint names of the mortgagor and mortgagee and continue
the said policy in full force and effect by paying premium and in case of default by the
mortgagor to insure or to keep the insurance policy in full force and effect, the mortgagee can
insure the said house and the premium paid by the mortgagee will be added to the mortgage
amount, if not paid by the mortgagor on demand.

AND IT IS FURTHER AGREED


That the mortgagor can grant lease of the said house with the consent of the mortgagee in
writing.
9

AND IT IS FURTHER AGREED BY THE MORTGAGOR


That he shall bear stamp duty, registration charges and other out of pocket expenses for the
execution and registration of this deed and reconveyance deed but however each party will
bear cost and professional charges of his Solicitor/Advocate.

IN WITNESS WHEREOF the parties have put their hands the day and year first hereunder
written.

The Schedule above referred to:


All that piece and parcel of the land measuring ………………Square meters,
………………... sq ft. in Survey No…………………. Plot No. …………… RLSC/ ALSC No.
…………………………………… of …………………………… together with the house of
RCC/Assam Type building bearing [Link]. ……………… with a plinth area of ……………sq m,
…………… sq. feet, …………. Storey, situated at …………………. covered by ward No……..
Block No….. of Municipal Corporation Area/Municipal Area/ Village Council area and
……………………………… Sub-District and

Bounded by:
East :
West :
North :
South :

THE MEASUREMENTS:
Sl no Boundary Pillars numbers Surface distance Horizontal distance

This is neither an assigned nor a Government land. The market value of the property is
Rs………………. (Rupees…………………………………………………………………….) only

Signed and delivered by X the within named mortgagor

Signed and delivered by Y the within named mortgagee

WITNESSES;
1.

2.
10

DEED OF MORTGAGE BY CONDITIONAL SALE

THIS DEED OF Sale made at ………. this …... day of ………..... between ………….. residing at
……………………………….... hereinafter referred to as the VENDOR, of the One Part,
And
…………… residing at ……………..... hereinafter referred to as the PURCHASER of
the Other Part.

WHEREAS the Vendor is seized and possessed of or otherwise well or sufficiently entitled to
the land and premises situated at ……………... and more particularly described in the Schedule
hereunder written.

AND WHEREAS the Vendor is in need of money and has requested the Purchaser to advance
to him a sum of Rs…….... which the Purchaser has agreed to do on the Vendor agreeing to
execute this deed of sale in favour of the Purchaser in respect of the said property in the
manner following.

NOW THIS DEED WITNESSETH THAT


1. Pursuant to the said agreement and in consideration of the said sum of Rs ....... paid by the
Purchaser to the Vendor on the execution of these presents (receipt whereof the Vendor
doth hereby admit), he the Vendor doth hereby grant and convey unto the Purchaser all the
said piece of land with building thereon and situated at ..... and more particularly described
in the Schedule hereunder written together with all things permanently attached thereto or
standing thereon and all the liberties, easements, profits, privileges, rights and
appurtenances whatsoever to the said piece of land and premises belonging or in anywise
appertaining to or with the same or any part thereof and now or at any time hereafter usually
held, used, occupied or enjoyed or reputed as part or member thereof or be appurtenant
thereto And all the estate, right, title. claim and demand of the Vendor into and upon the said
land and other the premises hereby granted TO HOLD the same unto and to the use of
Purchaser subject to what is hereafter provided and subject to the payment of rates, taxes,
assessments, dues and duties now chargeable upon the same or which may hereafter
become payable in respect thereof to the Government or the Municipal Corporation or any
other local authority.
2. And it is hereby agreed and declared that if the Vendor shall at any time hereafter repay to
the Purchaser the said sum of Rs ..... within a period of .. . years that is on or before the ......
day of ...... the grant and transfer of the said property as hereinbefore provided shall become
void and in that event the Purchaser shall retransfer the said property to the Vendor or his
heirs executors, administrators or assigns by executing a document of re-sale.
3. Provided however and it is agreed that, if the Vendor or his heirs, executors, administrators
or assigns shall fail to repay the said amount of Rs. ... within the said period then the grant
and transfer of the said property to the Purchaser hereby made shall become absolute in
favour, of the Purchaser his heirs, executors, administrators or assigns.
4. And the Vendor doth hereby covenants with the Purchaser that –
(a) The Vendor has good right and full power to grant the said land and building hereby
granted or expressed so to be and every part thereof unto and to the use of the
Purchaser in manner aforesaid.
11

(b) That the Purchaser shall quietly possess and enjoy the said property and receive the
rents, Income and profits thereof without any lawful interruption or disturbance
whatsoever by the Vendor or any person or persons lawfully claiming under from or
through him and shall be at liberty to pay there out the Govt. revenue and all other
charges of a public nature and all rents if any accruing due in respect of the said
premises during such possession and any arrears of rent in default of payment of which
the said land and premises may be summarily sold and all expenses incurred for the
management of the said premises and the collection of rents, Income, profits and all
other outgoing including costs of repairs of the said premises.
(c) That the said premises are free and clear and forever released and discharged or
otherwise by the Vendor well and sufficiently saved, kept harmless and indemnified of
and from and against all previous and other estates, title, charges and encumbrances
whatsoever had made executed or suffered by the Vendor or any other person lawfully
claiming under him.
(d) That the Vendor and all persons claiming any estate or interest in the said premises
under him, shall and will from time to time and at all times hereafter upon the request of
the Purchaser and at the costs of the Vendor do and execute or cause to be done or
executed, all such acts, deeds and things whatsoever for further and more perfectly
assuring all or any of the said premises unto and to the use of the Purchaser in such
manner aforesaid as shall or may be reasonably required by the Purchaser.

IN WITNESS WHEREOF the Vendor has put his hand the day and year first
hereinabove written.

THE SCHEDULE ABOVE REFERRED TO:


All that piece and parcel of the land measuring ………………Square meters,
………………... sq ft. in Survey No…………………. Plot No. …………… RLSC/ ALSC No.
…………………………………… of …………………………… together with the house of
RCC/Assam Type building bearing [Link]. ……………… with a plinth area of ……………sq m,
…………… sq. feet, …………. Storey, situated at …………………. covered by ward No……..
Block No….. of Municipal Corporation Area/Municipal Area/ Village Council area and
……………………………… Sub-District and

Bounded by:
East :
West :
North :
South :

THE MEASUREMENTS:
Sl no Boundary Pillars numbers Surface distance Horizontal distance
12

This is neither an assigned nor a Government land. The market value of the property is
Rs………………. (Rupees…………………………………………………………………….) only

Signed and delivered by the within named Vendor Mr. ………. in the presence of ...
1.
2.

4. LEASE:
According to Sec.105 of the Transfer of Property act, 1882, a lease of immovable
property is transfer of a right to enjoy such property, made for a certain time, express or implied,
or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops,
service or any other thing of value, to be rendered periodically or on specified occasions to the
transferor by the transferee, who accepts the transfer on such terms.

GENERAL LEASE DEED

This Lease Deed made at ----------- on this ----------- day of 20—


Between
Shri.------------- son of ---------- resident of ---------- (Hereinafter called "the LESSOR", which
expression shall, unless repugnant to the context and meaning include his heirs, successors,
administrators and assigns) of the ONE PART
And
Shri-------------, son of ------------resident of (Hereinafter called "the LESSEE", which expression
shall, unless be repugnant to the context and meaning, include his heirs, successors,
administrators and assigns) of the OTHER PART.

WHEREAS
1. The Lessor is in complete possession of the building bearing Municipal No------ Situated at --
---------- and more particularly described in the schedule I given below.
2. On the request of the Lessee, the Lessor has agreed to grant lease in respect of the
demised premises for a term of ------- years in the manner hereinafter stated.

NOW THIS DEED WITNESSETH AS FOLLOWS:


1. In pursuance of the said agreement and in consideration of the rent hereby reserved and of
the covenants, conditions and stipulations hereinafter contained and of the Lessee’s part to
be paid, observed and performed,

THE LESSOR HEREBY DEMISES UNTO THE LESSEE ALL THAT the building bearing
Municipal no-------- situated at ----------- and hereinafter called as the demised premises,
TOGETHER WITH ALL the fixtures and fittings therein, a complete list whereof is given in
Schedule II, hereto TOGETHER WITH the electrical installations and together with the right
for the Lessee, its employees, servants, agents, customers and persons authorised by the
13

Lessee in common with the Lessor and all the persons authorised by the Lessor to use the
entrances, doorways, entrance hall, stair cases, landings and passages in the demised
premises for the purpose of ingress thereto.

(a) The Lessee shall occupy the demised premises for the period of --- years only
commencing from the -------- and determining on -------------
(b) The Lessee shall pay to the Lessor during the said term monthly rent of Rs. --------
payable by seventh of each succeeding calendar month to which it relates.
(c) The Lessee has paid to the Lessor a sum of Rs --------- as security deposit and a sum of
Rs ------------ as advance rent, the receipt of which the Lessor acknowledges.
(d) The security deposit shall be returned on determination of the lease after deduction for
damages if any to the property except reasonable wear and tear expected and the
advance rent paid shall be adjusted by -----------------.

2. The Lessee hereby covenants with the Lessor as follows:


(a) To pay the rent as aforesaid on the days and in the manner aforesaid.
(b) To pay the electricity bills for the electricity consumed for lighting the demised premises
and for operation of Air Conditioners, Fans, Computers and electrical appliances in the
demised premises.
(c) Not to make any structural alterations into or upon the demised premises or make any
alterations or addition to the external appearance or any part of the demised premises
without the previous consent of the Lessor in writing.
(d) To use the demised premises for office purposes of the Lessee.
(e) Not to place or keep or permit to be placed or kept on the demised premises any
offensive, dangerous or highly inflammable or explosive material or any other article or
things, which may constitute a danger, nuisance or annoyance to the demised or
surrounding premises or the owners or occupiers thereof.
(f) Not to sub-let, transfer, assign or part with the possession of the demised premises or any
part thereof.
(g) To permit the Lessor, his servants, employees or agents duly authorised by him to enter
into and upon the demised premises at all reasonable times for viewing the condition of
the demised premises or doing such works or things as may be requisite or necessary for
any repairs, alteration, servicing or improvements to the demised premises.
(h) To hand over the peaceful possession of the demised premises at the end or the sooner
determination of the said term together with all the Lessor’s fixtures and fittings in as good
condition as received.
(i) Not to obstruct or suffer to be obstructed the entrance hall, entrances, doorways,
passages, staircase or lifts.
(j) To carry minor repairs in the demised premises not exceeding the extent of Rs ----- per
year.
(k) To replace all broken fittings and fixtures by equally good or better substitutes.

3. The Lessor hereby agrees with the Lessee as follows:


(a) That the Lessee shall peaceably and quietly hold, possess and enjoy the demised
premises during the term without any interruption, disturbance, claim and demand by the
Lessor or any person lawfully claiming under or trust for the Lessor.
14

(b) To keep the interior, exterior of the demised premises, the drainage thereof and the water
pump in good and tenable repair and condition.
(c) To keep the entrance, doorways, entrance halls, staircases, lobbies and passages in the
said building leading to demised premises well and sufficiently cleaned and lighted at his
own expense.
(d) To pay rates, taxes, assessment, duties, cess, impositions, outgoings and burdens
whatsoever payable to local or other authority which may at any time or from time to time
during the term hereby created be imposed or charged upon the demised premises.

4. It is hereby agreed that if the rent or any part thereof payable in respect of the demised
premises shall be in arrears for a period of two months or if the Lessee shall omit to perform
or observe any covenants or conditions on the Lessee’s part herein contained, the Lessor
may re-enter upon the demised premises after serving a notice to the Lessee.

5. If within a period of one month after the issue of such notice, the Lessee does not pay the
rent or does not perform or observe the covenant or condition and thereupon all rights of the
Lessee hereunder shall determine.

IT IS HEREBY EXPRESSLY AGREED BETWEEN THE PARTIES AS FOLLOWS:


(a) The Lessee shall be entitled to erect temporary fittings, fixtures, wooden partitions, cabins
or make any such addition or alteration, as may be necessary for its use by the Lessee;
provided that the Lessee shall remove the said fittings, fixtures, wooden partitions,
cabins, additions or alterations and restore the demised premises to the Lessor on the
expiry of the term or sooner determination of the lease in the same condition as existed
before making such changes.
(b) If the Lessor fails to pay the taxes, charges, assessment payable by him, or fails to carry
out the necessary repairs and other work which he has to carry out as provided herein,
the Lessee may after one month notice in writing, pay, discharge and carry out the same
at its own cost and the Lessee may set off the same from the rent payable to the Lessor
under these presents.
(c) The stamp duty and all other expenses shall be borne and paid by the Lessee.

The Schedule I above referred to:

The Schedule II above referred to:

Signed by the above named Lessor. Signed by the above named Lessee

WITNESSES
1.

2.
15

COMMERCIAL LEASE DEED

Agreement made on this ________ day of ……………………, 20……..


Between
_______, ________ (hereinafter referred to as LANDLORD) of the one part
And
______, resident of _______ (hereinafter referred to as TENANT) of the other part.

WHERE IT IS AGREED AND DECLARED AS FOLLOWS:

1. The Landlord agrees to let out and the tenant agrees to take on rent the ground floor portion
of the building ___________ for his office along with electrical and sanitary fittings and other
accessories fittings and structures (hereinafter called the PREMISES) from ________ at the
monthly rent of _______ being payable on or before 5th of every month to the Landlord. The
period of this agreement shall be for twenty four months with effect from _______ .
2. The tenant has paid Rupees ______ as advance amount for the above building and the
landlord shall pay this said advance without interest to the tenant at the time of vacating the
premises.
3. At the termination of the period of tenancy the tenant agrees to surrender to the Landlord
the vacant possession of the premises without raising any objection.
4. This rental agreement can be terminated at any time by three months notice on either side
and on such termination the tenant shall surrender the vacant possession of the premises to
the Landlord.
5. If for by any reason the tenant occupies the building for a period that includes part of a
month, it is agreed that the rent will be charged on a pro-rated basis for that month.
6. The landlord shall pay all existing and future taxes, rates and assessments in respect of the
lease hold including the municipal or other tax assessed by a local authority on the value of
the building or annual letting value of the building and all other rates, taxes and
assessments levied by any authority whatsoever.
7. The tenant shall pay the electricity and water supply charges for the period of time he
occupies the premises.
8. The tenant agrees to leave at the end of tenancy the premises in good condition as theyare
now, subject to reasonable wear and tear.
9. The tenant also agrees not to let out the building or a portion of it to anybody else.
10. The tenant shall not commit any act of waste in the premises.
11. The tenant also agrees to pay any maintenance on the building as mutually agreed upon by
the tenant and the landlord and the said expenses shall be adjusted against the rent amount
due to the landlord.
12. It is hereby agreed that the tenant paying the rent hereby reserved, and performing and
observing each of the covenants herein contained, may peacefully hold and enjoy the said
building during the lease period without any interruption by the landlord.
13. The agreement does not cover the property adjoining the premises and the landlord shall be
free to take the yield from the property to effect improvements therein and the tenant shall
not cause any obstruction for the same.
16

14. The landlord shall retain the original of this agreement and the tenant shall retain its
duplicate.

WITNESS WHEREOF _______, the landlord and _________, the tenant have affixed
their signatures on the __________ .

________________________ (Landlord) ___________________________(Tenant)

Witnesses:

1.

2.

LEASE OF FURNISHED HOUSE FOR RESIDENTIAL PURPOSE

THIS LEASE made at ................ the ................. day of ..............., 20…,


Between
……….., son of ................. resident of ................. (hereinafter called 'the LANDLORD')
of the ONE PART
And
………….., son of …............. resident of ................. (hereinafter called 'the TENANT')
of the OTHER PART.

WHEREAS the Landlord is absolutely seized and possessed of or otherwise well and
sufficiently entitled to the furnished dwelling house described in the Schedule hereunder written.

AND WHEREAS at the request of the tenant, the Landlord has agreed to let the said furnished
dwelling house to the tenant for a term of ................. years in the manner hereinafter appearing.

NOW THIS DEED WITNESSETH AS FOLLOWS:


1. In pursuance of the said agreement and in consideration of the rent hereby reserved and of
the terms and conditions, covenants and agreements herein contained and on the part of
the tenant to be observed and performed, the Landlord doth hereby demise unto the tenant
all that the furnished dwelling house bearing Municipal No................... ...........Road,
................. City, described in the First Schedule hereunder written with fixtures, fittings and
appurtenances TOGETHER WITH the furniture and effects mentioned in Second Schedule,
TO HOLD the same unto the tenant for a term of ................. years commencing from the 1st
day of .................., 20…, but subject to the earlier determination of this demise as
hereinafter provided and paying therefor during the said term the monthly rent of Rs.
................. free and clear of all deductions in advance on or before 5th day of each and
every calendar month, the first of such monthly rent shall be paid on the 5th day of
................... and the subsequent to be paid on or before the 5th day of every succeeding
month regularly.
17

2. The lessee hereby for himself, his heirs, executors, covenants administrators and assigns,
agrees to the following covenants:
(a) To pay the rent on the days and in the manner as aforesaid;
(b) To pay all rates, taxes, assessments, cess and outgoings whatsoever now or hereafter
imposed or charged or payable to the State of ................ Municipal Corporation
.................. local or any other authority, upon the said dwelling house or any part thereof;
(c) To repair and keep the interior of the dwelling house, fixture, fittings, sanitary and water
apparatuses therein in tenantable condition throughout the term;
(d) To keep the furniture clean and in good repair order and preservation and to make good
the damages thereto;
(e) To allow the landlord and his agents at all reasonable times to enter upon and examine
the condition of the dwelling house and the furniture;
(f) If the landlord finds that any repair is necessary to the dwelling house and/or furniture,
he shall serve upon the tenant a notice in writing to carry out the repairs in the dwelling
house or furniture and the tenant shall carry out the repairs within one month after the
service of such a notice;
(g) To insure the dwelling house and furniture against loss or damage by fire with an
insurance company approved in writing by lessor for an amount which shall not be less
than Rs................... unless otherwise agreed to in writing between the parties;
(h) Not to underlet, assign or part with the possession of the dwelling house and furniture or
any part thereof;
(i) To use the dwelling house for the purpose of private residence only;
(j) To replace all broken fittings, fixtures, sanitary and water apparatuses by equally good or
better substitutes;
(k) To keep and maintain the premises clean, tidy, healthy, wind and watertight in all
seasons;
(l) To permit the Landlord during the one month immediately preceding the determination of
the term to affix a notice for re-letting the same and to permit during the said one month
the dwelling house and the furniture to be viewed at any reasonable times by any
prospective tenants;
(m) On the expiration or earlier determination of the lease to deliver peaceful and vacant
possession of the dwelling house and furniture in its entirety together with all
improvements, if any done thereto without any claim for compensation on that account.

3. The Lessor hereby agrees to the following covenants:


(a) The tenant paying the rents and observing and performing the conditions and covenants
herein contained, shall quietly and peaceably hold, possess and enjoy the said dwelling
house during the said term without any interruption and disturbance by the Landlord or
any person claiming under or in trust for him.
(b) To keep all the external parts of the dwelling house in tenantable repair.

4. It is hereby agreed between the parties as follows:


(a) If the monthly rent or any part thereof payable in the manner hereinbefore mentioned
shall be in arrears for a period of three months or if any of the covenants and stipulations
herein contained and on the part of the tenant to be observed and performed shall not be
so observed and performed by the tenant, then in such event the Landlord or any person
18

or persons duly authorised by him in that behalf at any time may terminate the tenancy
and may enter into and upon the dwelling house provided that the tenancy shall not be
terminated and no re-entry shall be made under the foregoing power, unless and until
the Landlord shall have given to the tenant a notice in writing specifying the arrears of
rent which is required to be paid or specifying the covenants and conditions or
stipulations which require to be complied with or carried out and the tenant has failed to
pay the arrears of rent or comply with or carry out the same within one month from the
date of the receipt of such notice.
(b) If at any time the dwelling house or the furniture or any part thereof shall be rendered
unfit for occupation or use by reason of any damage; not due to default of the tenant, the
landlord shall reinstate the same at his own expenses and with all convenient speed.

5. Until the Landlord and the tenant shall otherwise advise each other in writing, their addresses
for service of all notices and other communications shall be as under:
(a) For the Landlord: …………………………………………
(b) For the Tenant: ………………………………………………………
6. This Lease Deed shall be executed in duplicate. The original shall be retained by the
Landlord and the duplicate by the tenant.

7. The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof
shall be borne and paid by the tenant.

IN WITNESS WHEREOF, the Landlord and the tenant have put their respective hands
on the original and duplicate thereof the day, month and year first hereinabove written.

The First Schedule above referred to:


(Description of the dwelling house)

The Second Schedule above referred to


(List of furniture and effects)

Signed and delivered by the within named Landlord

Signed and delivered by the within named Tenant

WITNESSES;
1.
2.
19

DEED OF SURRENDER OF LEASE

THIS DEED of Surrender is made at ................. the................. day of ................., 20__,


BETWEEN
……….., son of ................. resident of ...............……….. (hereinafter called "The
LESSEE") of the ONE PART
And
……….., son of ................. resident of .................
(hereinafter called "The LESSOR") of the OTHER PART.
WHEREAS by a Deed of Lease made at ................. on ................. day of ................., between
the Lessor of the ONE PART and the Lessee of the OTHER PART (which lease deed has been
registered with the Sub-Registrar of …………. at ................. on the ........... th day of ...............,
as Document No. ................. in Book No. ................. Volume No. ................. at pages
No................ to ................. and is hereinafter called the Lease Deed), the Lessor demised unto
the Lessee the land and premises described in the Schedule to the said Lease Deed (being the
same as described in the Schedule hereunder written), hereinafter called the "demised
premises" for a period of ................. years commencing from ................. at a monthly rent of Rs.
...............on the terms and conditions as set out in the said Lease Deed.

AND WHEREAS the lessor proposes to develop the demised premises by constructing
buildings thereon consisting of flats and then to sell the said flats to the prospective flat
purchasers on ownership basis and has requested the Lessee to surrender the demised
premises, which the lessee has agreed to do so in the manner hereinafter appearing.

NOW THIS DEED WITNESSETH THAT in pursuance of the said agreement and in
consideration of the sum of Rs. ................. (Rupees .........…………………………………........),
(the receipt whereof the Lessee hereby acknowledges), the Lessee as beneficial owner hereby
surrender and assign and quit claim to the demised premises demised by the said Lease Deed
unto and to the use of the Lessor TO HOLD the demised premises unto the Lessor for all the
unexpired lease term and interest created by the said lease deed TO the intent that the same
terms and interests may merge and be extinguished in the reversion which was immediately
expectant thereon before the execution of this deed AND THE LESSEE hereby covenants and
declares that he has not done any Covenants act, deed or thing whereby or by means whereof
he is in any way prevented from surrendering the demised premises from the said lease.

IN WITNESS WHEREOF, the parties have hereunto set and subscribed their respective hands
the day and year first hereinabove written.

Schedule

Signed and delivered by the within named lessee ……


Signed and delivered by the within named lessor ……..

WITNESSES:
1.
2.
20

Received from the Lessor ……….. a sum of Rs................. (Rupees……………...................) only


being the full consideration payable to me under these presents.

I say received.
(……….)

Lessee

WITNESSES;
1.

2.

5. LEAVE AND LICENCE:


Licence is a grant of a right to do something upon an immovable without creating interest in
the property. A Licence is defined under Sec.52 of the Indian Easements Act, 1882, which
reads as under: “Where one person grants to another, or to a definite number of other
persons, right to do, or continue to do, in or upon the immovable property of the grantor,
something which would, in the absence of such right be unlawful and such right does not
amount to an easement or an interest in property, the right is called Licence”. The essential
distinction between a Lease and a Licence is that in a Lease, there is transfer of interest in
the property while in the case of licence, there is no such transfer although the licensee
acquires only a personal right to occupy the property.

LEAVE AND LICENCE AGREEMENT

THIS AGREEMENT OF LEAVE AND LICENCE made at -------- this ………………...day of -------
BETWEEN
_________________ of ----------------------, hereinafter called "the Licensors" (which expression
shall unless it be repugnant to the context or meaning thereof mean and include her respective
heirs executors and administrators) of the One Part .
AND
_____________________, a company incorporated and registered under the laws prevailing in
India and having its Registered Office at _________________________________hereinafter
called "the Licensee" (which expression shall unless it be repugnant to the context or meaning
thereof mean and include its successors in title and assigns) of the Other Part :

WHEREAS the Licensors are the sole directors of the company ______________which owns
the office at __________________

AND WHEREAS the Licensors are thus the absolute owners of the said office and accordingly
absolutely entitled to use, occupy, possess and enjoy the said premises: AND WHEREAS the
Licensee has approached the Licensors and has requested the Licensors to let out to it, the
Licensee, the said premises on leave and licence basis, which the Licensors have agreed to do
on certain terms and conditions mutually agreed upon by and between them : AND WHEREAS
the parties hereto are desirous of recording the said terms and conditions :
21

NOW THIS AGREEMENT TO LEAVE AND LICENCE WITNESSETH AND IT IS HEREBY


AGREED BY AND THE PARTIES HERETO as under: -
1. The Licensors shall grant unto the Licensee and the Licensee hereby accepts from the
Licensors a licence to use and occupy the office premises bearing No. ____ on the ____
floor of the building known as ____________ , save and except one cabin in the said
premises (hereinafter called "the licensed premises") situate lying and being at
(____________ road) on leave and license basis.
2. The duration of the licence hereby granted shall be for a period of two years only
commencing from the date the Licensors puts the Licensee in possession of the licensed
premises.
3. In consideration of the Licensors permitting the Licensee to use and occupy the licensed
premises on leave and licence basis, the Licensee shall pay to the Licensors a sum of
Rs.__________ /- (Rupees _______________ only) per month as and by way of licence fee
and/or compensation for the use and enjoyment of the licensed premises for the said period
of two years. However, the Licensee shall pay to the Licensors the licence fee and/or
compensation for the entire period of the licence amounting to Rs.___________ in advance
simultaneously with the execution of this Agreement. The said licence fee shall be deemed
to be standard licence fee or compensation payable in respect of the said premises. If the
Licensee challenges the said licence fee payable in respect to the said premises as not
being standard licence fee or compensation before any Court of or Forum, then and in that
event, this Agreement shall come to an end and the Licensee shall forthwith quit, vacate and
hand over quiet, vacant and peaceful possession of the said premises.
4. In addition to the aforesaid payment of the said sum of Rs.__________ (Rupees
____________only) per month, the Licensee shall also be bound and liable to pay directly
electricity charges for the electricity consumed in the licensed premises as per the separate
meter installed for the purpose.
5. The Licensee hereby covenants with the Licensors as under:
(a) To pay to the Licensors the licence fee and/or compensation payable under this
Agreement at the time and in the manner provided hereinabove without any deduction
and without challenging the same in any court of law or forum as not being standard
licence fee and/or compensation payable in respect of the licensed premises;
(b) To bear and pay electricity charges for the electricity consumed in the licensed premises;
(c) All telephone and fax and other charges are actually used by the Licensee and bills are
received from ---------.
(d) To use the licensed premises for the purpose of office purpose only and for no other
purpose;
(e) To keep the licensed premises in good and tenantable order and condition (reasonable
wear and tear excepted):
(f) To hand over to the Licensors the possession of the said premises in the same order
and condition as it was when the Licensee is put in possession of the Licensed premises
but subject to what is stated hereinafter;
(g) Not to hold the Licensors responsible for or liable for any loss or damage suffered by the
Licensee on account of any theft, fire or other destruction caused to or in the said
premises or to any property brought by the Licensee in the said premises or by any act
or omission on the part of the occupants of the other premises or to their servants or
agents or visitors;
22

(h) Not to sub-let or give on leave and licence basis or on any other basis the said premises
or any part portion thereof nor the Licensee permit any one to use and occupy the said
premises or any part or portion thereof;
(i) Not to damage in any way the walls, partition, walls, flooring and ceiling of the said
premises or any of the Licensors fixtures, fittings and articles installed lying and being in
the said premises and to keep the same in good order and condition (reasonable wear
`and tear and loss or damage by fire, accident, irresistible force or act of God excepted);
(j) Not to paint, affix or exhibit any name, sign, symbol or graph or writing or anything upon
or outside the said premises save and except that the Licensee an it shall be at liberty to
put the name board or name plate of itself on the outer wall of the said premises to
indicate the location and address of the Licensee;
(k) The Licensee shall not carry out any work of structural alteration in or about the said
premises or any portion thereof.
(l) To make good to the Licensors any loss or damage that may be caused to the said
premises or any other fittings, fixtures, articles or property of the Licensors therein as a
result of negligence on the part of the Licensee, its servants employees agents
customers visitors and/or other persons calling at the said premises in connection with
the business of the Licensee or otherwise howsoever and such loss or damage shall be
ascertained by the Licensors and be binding on the Licensee;
(m) Not to do or permit to be done upon the said premises anything which may be or
become a nuisance to the Licensors or other occupants of the said building
"_____________" or any of the neighboring building;
(n) Not to bring in or to store in the said premises any combustible materials or otherwise
dangerous things that may imperil the safety of the building or may increase the
premium of insurance of the building or vender void the insurance;
(o) To perform and observe strictly the provisions hereof and also the provisions of law of
the country for the time being and from time to time in force and also the rules and
regulations any bye-laws of the society and/or the terms laid down by the builder and
which may for the time being and from time to time be in force;
(p) The Licensee shall be in possession of the licensed premises except one cabin and the
juridical possession shall remain with the Licensors;
(q) To indemnify the Licensors against any loss or damage that may be suffered as a result
of breach of any of the provisions herein contained or otherwise due to any act or
conduct of the Licensee its staff, employees, servants and agents to the said premises.
(r) To remove itself from the said premises and all its staff and employees and all its
belongings and to restore the said premises to its original condition (reasonable wear
and tear and loss or damage by fire, accident, irresistible force or act of God excepted)
Provided However that if the Licensee has carried out any additions and alternations to
the said premises which are of a permanent or semi-permanent nature or if the Licensee
has brought and installed any furniture fixtures and fittings in the said premises, the
Licensee shall and at the time of the determination or earlier termination of the licence
hereby granted remove the same from the said premises.
23

6. The Licensors hereby covenants with the Licensee as follows:-


(a) To observe and perform all the terms and conditions and stipulations of all documents
under which the Licensors derive title to the office premises ;
(b) To permit the Licensee to use and occupy the licensed premises without any hindrance
or obstruction of any nature whatsoever as long as the Licensee pays the licence fee
and or compensation as hereinabove provided and observes and performs all the terms,
conditions and covenants contained;
(c) To permit the Licensee to install further furniture and fixtures in the licensed premises in
order to suit to its purpose;
(d) To permit the Licensee to carry out all the requisite repairs to the licensed premises
provided however that the Licensee obtains the consent in writing from the Licensors;
(e) To comply with the conditions laid down by the owners and to indemnify the Licensee
and keep the Licensee indemnified from and against any breach;
(f) Not to create charge mortgage or encumbrance in respect of the said premises or any
part of portion thereof;
(g) Not to sell, transfer or assign the Licensor’s ownership rights in respect of the licensed
premises to any person or party so as to adversely affect the rights of the Licensee to
the licensed premises and the Licensee's right to purchase the licensed premises as
hereinafter provided.
(h) To insure and keep insured the said premises except in case where the insurance has
been taken out by the society;
7. If at any time during the said term the said premises are damaged or destroyed by fire, storm,
flood, tempest, earthquake, enemies, war, riot, civil commotion or any other irresistible force,
act beyond the control of the Licensee or act of God so as to make the same unfit for use,
occupation as office, then in that event the Licence hereby created shall forthwith stand
terminated and the Licensors shall refund to the Licensee the advance rent paid by the
Licensee to the Licensors for the unexpired period of the licence.
8. On expiry or sooner determination of this Licence, the Licensee shall remove its employees
and servants and all its belongings, chattels, articles and things from the said premises and
shall not claim any alternate accommodation and shall hand over vacant possession of the
premises to the Licensors.
9. The Licensee shall permit the Licensors and their agents at all times to enter upon the said
premises in order to view, survey and examine the state and condition of the said premises.
10. It is the express intention of the parties hereto that the Agreement shall be a mere Licence,
the use and occupation by the Licensee being restricted for the purpose of using the said
premises on the terms and conditions contained in the licence.
11. It is hereby agreed by and between the parties hereto that in case if any of the terms and
conditions herein contained shall not be observed or performed, then in that event, the
Licensors shall give notice in writing to the Licensee calling upon the Licensee to rectify
and/or remedy the breach and in case if the Licensee fails to remedy the breach within a
period of four weeks from the date of the receipt of the notice in writing in that behalf from the
Licensors, then in that event, the Licensors shall be entitled to terminate this Agreement and
enter upon the licensed premises and take possession of the licensed premises. Provided
further that before taking possession of the licensed premises if the licensee remedies the
breach, then in that event, the Licensors, shall not be entitled to invoke the power given
under this Agreement and take possession of the licensed premises.
24

12. In the event of the Licensee failing to hand over to the Licensors possession of the licensed
premises on the expiry or sooner determination of the licence hereby granted as hereinabove
provided and continues to remain in occupation and possession of the licensed premises,
then in that event, notwithstanding the right conferred upon the Licensors, the Licensors shall
take such steps as may be advised to take physical possession of the licensed premises.
The Licensors shall also be entitled to charge the Licensee compensation for the use and
occupation of the licensed premises at the rate of Rs. _______ per day, which the Licensee
agrees and undertakes to pay.
13. The Licensors hereby represent and declare that;
(a) The Licensors are absolutely entitled to the licensed premises;
(b) The Licensors have not created any charge or encumbrance of whatsoever nature on
the said licensed premises nor have they created any tenancy or leave and licence or
any right in favour of any one in respect of the licensed premises nor shall they create or
purport to create any such charge or encumbrance hereafter;
(c) The Licensors have not entered into any Agreement for sale of the licensed premises in
favour of any person or party;
(d) The Licensors has not committed breach of any of the rules regulations.
14. Any notice required to be given hereunder shall be sufficiently served on the Licensors, if
forwarded by Registered Post Acknowledgement Due to the Licensors aforementioned
address and on the Licensee if forwarded by Registered Post Acknowledgement Due to the
Licensee's aforementioned Office in ------------ and notice sent by post as aforesaid shall be
deemed to be given at the time when in due course of post it would be delivered at the
address to which it is sent.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their
respective hands and seals the day and year first hereinabove written.

SIGNED SEALED AND DELIVERED)

by the within named Licensors ________________ )

in the presence of .. ________________________ )

SIGNED SEALED AND DELIVERED)

by the within named Licensee _______________ )


_______________________________________ )

by the hand of its duly authorised representative )


MR._____________________________________)

in the presence of .. _______________________ )


25

6. PARTNERSHIP DEED:
A partnership is defined as a relation between two or more persons who have agreed to
share the profits of a business carried on by all of them or any one of them acting for all. The
owners of a partnership business are individually known as the "partners" and collectively as
the "firm". Partnerships are governed by the Indian Partnership Act, 1932. Apart from this, the
general law of contracts, as contained in the Indian Contract Act 1872 also applies to
Partnership Firms in India
PARTNERSHIP DEED

This DEED OF PARTNERSHIP made this ____________ day of ____________


Between
____________________________________________________________________________
hereinafter called the partners of the First part and Second Part respectively.
AND
A company registered under the provisions of the Companies Act 1956 and having its
registered office at _____________________________________________________________
hereinafter called the party of Third part.

WHEREAS the Parties of First and Second Part by virtue of their partnership deed dated
_____________ have been carrying on the business of manufacturing and marketing
____________________ etc. under the name and style of ___________________ with
factories at _______________________under the same name and style.

AND WHEREAS the Party of Third Part Viz. the company is formed with the objects of
manufacturing, dealing and marketing in _____________________ etc.

AND WHEREAS the Party of the Second Part has expressed its desire and willingness through
the director _____________________to enter into Partnership and parties First, Second part
have mutually decided that the Party of the third Part shall be taken as Partner.

AND WHEREAS it is deemed necessary and desirable that a regular Deed of Partnership be
reduced in writing and executed on the terms and conditions mentioned hereunder.

NOW THIS DEED WINTESSETH AS UNDER: -


1. The Partnership shall come into effect from __________________and shall be for an
indefinite period unless it is determined.
2. That the name and style of the Partnership firm hereby formed shall be
_________________with factories at _____________under the same names and style or
with branch or branches at such place(s) as the parties may mutually decide.
3. That the business of the Partnership Firm hereby formed shall be that of manufacturing and
marketing of ______________ as hereto before. The parties may, however, with their
mutual consent embark upon a new line or lines of business and may open branch or
branches or new factory.
4. That the amount standing to the credit of the personal accounts of the Parties of First and
Second Part in the books of above firm as on ____________________shall be treated as
26

contribution by them to the capital of the Partnership and the Party of the Third Part shall
bring Rs______________ as his share towards the capital of the firm.
5. That further finance required for the purpose of business of the firm shall be contributed by
the parties in such rate as may be mutually agreed upon. Interest at the rate of _____% or
at a rate as may be mutually agreed upon between the parties from time to time shall be
allowed on the capital standing to his/her credit for the time being in the books of the
partnership.
6. That the regular accounts books shall be kept in due course of business in which shall be
faithfully recorded all the transactions enter into by the firm and such books shall be closed
on ____________or/on any other convenient or auspicious day as may be mutually agreed
upon between the parties hereto from time to time.
7. That on closing the account books in the aforesaid manner, a regular profit & Loss Account
shall be prepared and a balance sheet shall be drawn up.
8. That the Profits & Losses shall be divided between and borne by parties hereto in the
following proportions:
Partner……………………. % of share in Profits and Losses

9. That the partners will be paid a Salary of Rs.___________/- per month for the services
rendered and they will also be entitled to a bonus @______% on their salary.
10. That all the assets and liabilities of the firm as on ___________ tangible or otherwise, would
be taken over by the Partnership at its book value and shall be deemed to be assets and
liabilities of this Partnership and all the Parties hereto will have equal rights/liabilities
thereon.
11. That all rights of the firm as on _____________namely licences, Trademarks, VAT
registration, Telephone connections, Tenancy rights, Lease rights, Ownership right etc. shall
be deemed to be the rights of the partnership and all the parties hereto will have equal
rights/liabilities thereon.
12. That each partner shall: -
(a) Diligently attend to the business of the Partnership and devote his/her necessary time
and attention thereto.
(b) Punctually pay her/his separate debts and indemnify the other partner and the Assets of
the firm against the same and all expenses therefore.
(c) Upon every reasonable request inform the other Partner of all letters, accounts, writings
and such other things which shall come to her/his hands or knowledge concerning the
business of the Partnership.
13. That neither Partner shall without the consent of the others: -
(a) Lend any of the money or deliver upon credit any of the goods of the firm to any person
or persons whom the other Partners shall have previously in writing forbidden her/him to
trust.
(b) Raise or advance any loan in the name of or on behalf of the firm.
(c) Assign, charge or transfer her/his shares in assets or profits of the firm.
14. That the account in the name of the firm ____________ shall be opened with the Banks or
bankers as the Parties may mutually decide and the same shall be operated upon by the
Parties hereto singly.
27

15. That any partner may retire from the Partnership firm, hereby formed by giving ____ months
notice in writing to the others but none shall leave the firm until or unless all the pending
commitments are carried out, liabilities paid off, assets realized and accounts are rendered
fully and settled finally to the entire satisfaction of each of the parties hereto.

16. That the parties hereto may, however, with their mutual consent pay remuneration to any of
the parties hereto at a rate that may be mutually agreed upon between them from time to
time. They shall be at liberty to increase or decrease such rate of remuneration with their
consent from time to time.
17. That in the event of death or retirement of any of the parties hereto the partnership firm
hereby formed shall not dissolve, but shall continue. The legal heir or the representative of
the deceased shall step into her/his shoes.
[Link] upon the dissolution of the partnership in any event not hereinafter provided for the said
business, the assets, goodwill and liabilities thereof should absolutely vest on any one
partner mutually decided by the parties to the partnership.
[Link] it will always remain open to the parties hereto to amend, annul or change any term or
terms of this Deed of Partnership in the course of its business and in that event of
amending, annulling or changing any term or terms of this deed of Partnership no fresh
deed shall be required to be executed.
20. That without prejudice to the above terms and conditions the parties hereto in all other
matters shall be governed by the provisions of Indian Partnership Act, 1932.
21. That all the disputes or differences arising out of it and connected with the Partnership shall
be referred to the arbitrator in accordance with the Indian Arbitration Act.

IN WITNESS WHEREOF, the parties of the first and Second parts here have put their
respective hands on this DEED OF PARTNERSHIP on the day, month and year first mentioned
above.

IN WITNESSES WHEREOF, the common seal of the Third Partner ------------ in


pursuance to the resolution passed in that behalf on ---------------- here into affixed in the
presence of ----------- ----- and signed these presents in token thereof in the presence of the
Witnesses.

WITNESSESS: Partners
1.
2.
3.
28

7. TRUST DEED:
The instrument by which the trust is declared is called instrument of Trust, and is
generally known as Trust Deed. A written trust-deed is always desirable, even if not required
statutorily.

DEED OF TRUST

THIS DEED OF TRUST executed at _______on this _________day of_________20 ____,

BETWEEN

_____________________________ (Party of the first part) hereinafter called


"SETTLOR” OF THE ONE PART

AND
1. _________________ S/O. ________________, residing at ____________ &
2. __________________S/O. ________________, residing at ____________ &
3. SMT. W/O SHRI. , of ____________

(Hereinafter called " The Trustees" which expression shall unless repugnant to the context or
meaning thereof be deemed to include the survivors or survivor of them and the trustees or
trustee for the time being of these presents and their heirs, executors and administrators of the
last surviving trustee, their or his assignees) of the other part;

WHEREAS the SETTLOR is possessed of the sum of Rs. ___________/- (Rs. __________)only
and assets and properties mentioned in the Schedule hereunder as his absolute property and he
is desirous of creating a Religious/ Charitable/Educational Trust for the benefit of the humanity at
large.

AND WHEREAS each of the parties hereto of the "Other Part" has individually and jointly has
agreed to act as Trustees of the Trust, proposed by the party of the first part.

AND WHEREAS nothing contained in this deed shall be deemed to authorize the trustees to do
any act which may in any way be construed statutory modifications thereof and all activities of
the trust shall be carried out with a view to benefit the public at large, without any profit motive
and in accordance with the provisions of the Income Tax Act, 1961.

AND WHEREAS the trust is hereby expressly declared to be a public charitable trust and all the
provisions of this deed are to be constituted accordingly.

NOW THIS DEED OF TRUST WITNESSTH AS FOLLOWS:


1. Settlement:
The party of the first part, the SETTLOR, does hereby settle the sum of Rs._______ /-
(Rs. __________ only) in Trust, with the name and for the objects hereinafter stated, by
delivering the said amount in cash which the party of the other part, the Trustees, have
29

accepted the receipt of which they do hereby acknowledge, to hold the same in and to the
Trustees with the powers and obligations as provided hereinafter.

2. Name:
The name of the Trust shall be "____________________________".

3. Place:
The principal office of the Trust shall be situated at ______________________. The
Trust may also carry on its work at any other place or places, as decided by the Trustees.

4. Objects:
The objects of the Trust are -
(a) Educational – to run, maintain or assist any educational or other institution for
coaching, guidance, counselling or vocational training or to grant individual
scholarships for poor, deserving and needy students for elementary and higher
education.
(b) Medical – to run, maintain or assist any medical institution, nursing home or clinics or
to grant assistance to needy and indigent persons for meeting the cost of medical
treatment.
(c) Relief of the poor – to give financial or other assistance in kind by way of distribution
of books, notebooks, cloths, uniforms, or meals for the poor and indigent and to the
persons suffer due to natural calamities.
(d) Old age and Physically challenged - Establishment, conduct, maintenance of old age
homes, homes for physically challenged men, women and children and persons with
similar disabilities and also for granting financial assistance to institutions performing
similar activities.
(e) Other objects of general public utility –
(i) to acquire property for the sole use of the public by making it available for
public purposes, for example - a library, clinic, crèche or a community hall to
be available for public use as training classes, seminars, discourses and other
public functions for benefit of the community in general.

(ii) to undertake any other activity incidental to the above activities but which are
not inconsistent with the above objects.

The TRUSTEES do hereby agree that they shall hold and stand possessed of the said
trust assets, properties and funds (which expression shall include all investments in cash or
kind or in any nature whatsoever into and for which, the said property or a part or parts thereof
may from time to time be converted, varied or exchanged) and/ or such investments as may be
held by the TRUSTEES from time to time in relation to these presents together with all income,
profits, additions and accretions thereof, upon trust for the object set out above with and subject
to the provisions and conditions hereinafter contained in these presents.

5. Beneficiaries:
The Trust is established for the benefit of citizens of India and the class of people
mentioned above without discrimination of caste, religion, creed or sex.
30

6. Properties:
The Trust properties shall consist of
(a) The amount Transferred by the SETTLOR as mentioned above, towards the Corpus
fund of the Trust.
(b) The immovable properties and other assets transferred by SETTLOR as mentioned
above.
(c) Any cash, kind, properties, movable and immovable that may be acquired by
purchase or otherwise or all manner of rights, title or interest in or over any property
movable or immovable
(d) All additions and accretions to the Trust properties and the income there from
(e) All donations, gifts, legacies or grants, in cash or kind accepted by the Trustees upon
Trust. The properties of the Trust shall be utilized for the objects set forth herein
above and subject to the provisions and conditions herein mentioned.

7. Funds:
The Trustees may accept donations, grants, subscriptions, aids or contributions from any
person, Government, Local authorities or any other charitable institutions, in cash or in kind
including immovable property without any encumbrance, but the Trustees shall not accept any
receipt with any condition or terms inconsistent with the objects of the Trust. While applying
such receipts to the objects, the Trustees shall respect the directions, if any, by the granter. Any
receipt with specific direction to treat the same as part of the corpus of the Trust or separate
fund shall be funded accordingly.

8. Investments:
(a) All monies, which will not be immediately required for current needs shall be invested by
the Trustees in eligible securities and investments, or in banks. Such investments shall be
in the name of the Trust.
(b) That the trustees shall invest the trust fund, carry on any business with the trust fund
and/or enter into partnership on behalf of the trust, as they may deem fit.
(c) That the trustees shall manage the trust fund and investments thereof as a prudent man
would do the same. They shall recover all outstanding and meet all recurring and other
expenses incurred in the upkeep or management thereof.
(d)That the trustees shall receive and hold the income of the trust on behalf of and for the
benefit of the beneficiaries under the trust.

9. Number of Trustees and their Term:


The Trust will be managed by a Board of Trustees consisting of not less than 2 trustees
and not more than 9 trustees. The parties of the Other Part will be First Trustees and they shall
automatically form the Board of Trustees.

The first Managing Trustee shall be the SETTLOR and he will hold office for his life time. After
the demise or relinquishment of office of the Managing Trustee or in the event of the first
Managing Trustee failing to nominate his successor in office, the remaining trustees shall elect
one of the other Trustees as Managing Trustee.

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